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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/10/2007 - TRANSFORT/DIAL-A-RIDE (DAR) SERVICE CHANGE UPDATE DATE: July 10, 2007 WORK SESSION ITEM STAFF: Marlys Sittner FORT COLLINS CITY COUNCIL Mark Jackson SUBJECT FOR DISCUSSION Transfort/Dial-A-Ride (DAR) service change update and related issues, including DAR policy implementation impacts, confirmation of Council's desire to maintain current policy in regards to DAR eligibility and the recertification process, and updates on three new fixed routes and the Task Force. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Staff is seeking Council direction on continuation of current policy and practices regarding ADA paratransit eligibility and certification method. 1. Does Council wish to maintain the current policy of ADA paratransit eligibility? 2. Does Council have any comments regarding the method of eligibility determination,e.g.,in- person assessments versus information gathered from the applicant and verified by applicant's healthcare professional? FINANCIAL IMPACT Dial-A-Ride costs were impacted by the delay in recertification. The recertification is nearly complete,but the budget was based on implementation of all elements of the service changes being effective January 2, 2007. Now that the recertification is nearly complete, some trips are identified as ineligible for DAR because they can betaken on the fixed route bus service. Staff estimates that approximately$65,000 of additional costs were incurred due to the length of time to complete the recertification process. These unanticipated costs will be offset by the late start of Route 17(Timberline)and Route 18(East Prospect). If Council elects to modify the DAR recertification methodology and policy,additional revenues will be necessary to cover the added costs of the recertification process as well as the added service for qualifying customers. BACKGROUND During the 2007 budget revision process, staff presented information to Council that showed Fort Collins provided a significantly higher level of paratransit service than is required by the Americans with Disabilities Act of 1990 (ADA). While staff was able to maintain a cost per passenger at July 10, 2007 Page 2 approximately$22 per trip,the operating costs were exceeding budget due to the increasing demand for service. Studies showed that this higher level of service was out of the ordinary compared to other transit systems and that it was no longer sustainable. Staff recommended that Council modify DAR to the ADA mandated level of service, which impacted service area, eligibility, service hours, and fares. The projected savings from this service change were enough to add fixed route bus service in three major corridors; Harmony Road, Timberline, and East Prospect. The adoption of the 2007 revised budget implemented these service changes with some exceptions. Council chose to add $122,000 to the budget to grandfather in and continue service to eligible passengers out of the 84 passengers that live outside of the new service area. Continuation of service to these people was contingent on them having disabilities that prevented them from using fixed route all or part of the time. This would be determined through a recertification process that they would be required to undergo, as would all existing DAR passengers. Council also directed staff to use some of the savings from the delayed implementation of Route 17 and Route 18 to provide DAR night service from 7:00 p.m.— 11:00 p.m. Monday through Saturday until March 31, 2007, or until further directed by Council. In February,Council added$45,000 to the DAR budget to continue night service through December 31, 2007 or until the $45,000 was spent, whichever came first. ISSUES AND CHALLENGES With such substantial changes in Dial-A-Ride,Council and staff are hearing from some citizens that the ADA paratransit eligibility criterion is inadequate to meet their transportation needs. 1. ADA Paratransit Eligibility Under the Americans with Disabilities Act of 1990,there are three categories of eligibility and these are the categories that staff uses for recertification decisions. The first eligibility category includes: "Any individual with a disability who is unable, as the result of a physical or mental impairment (including vision impairment), and without the assistance of another individual (except the operator of a wheelchair lift or other boarding device), to board, ride, or disembark from any accessible vehicle on the system, which is readily accessible to and usable by individuals with disabilities." This means that if an individual needs an attendant to board,ride or disembark from an accessible fixed route vehicle,the individual is eligible for paratransit. Eligibility is based on ability to board, ride and disembark independently. The second category of eligibility criterion applies to persons who could use accessible fixed route transportation,but accessible transportation is not available on the route that the person would travel. Eligibility under this category depends on the accessibility of vehicles and routes. Transfort buses are all accessible and most bus stops are also accessible. July 10, 2007 Page 3 The third criterion concerns individuals who have a specific impairment-related condition which prevents them from getting to or from a bus stop. For anyone, going to a bus stop and waiting for a bus is more difficult and less comfortable than waiting for a vehicle at one's home. This is likely to be all the more true for an individual with a disability. But for many persons with disabilities, in many circumstances, getting to a bus stop is possible. If an impairment-related condition only makes the job of accessing transit more difficult than it might otherwise be,but does not prevent the travel, the person is not eligible for paratransit (Dial-a-Ride)under ADA. However, a person is eligible for paratransit under this criterion when it is possible for them to reach a bus stop, but the difficulties are so substantial that a reasonable person with the impairment-related condition in question would be deterred from making the trip. Some applicants do not qualify under the criteria and believe that a broader service level should be implemented locally. Council could consider adding back DAR service at various levels of service. For example, Council could elect to add back night service which will cost approximately$70,000 in 2008 and $75,000 in 2009. Council could broaden the eligibility to include persons who are not eligible under the ADA standards. If people are certified who were determined to be ineligible or eligible only under certain conditions, staff estimates it would cost approximately$175,000 for the first year. Restoring the 2006 service area boundaries would have the largest financial impact and would cost approximately$600,000 annually. Estimates for the restored services are for the 2008 and would likely increase for each year thereafter based on the number of clients,increase in trip usage, and the increasing cost per trip. Council could also determine it wants to add back a set dollar amount to be applied towards non- ADA service. Some entities distribute taxi vouchers to non-ADA eligible passengers(elderly non- disabled)or provide non-ADA eligible clients paratransit service but for a significantly higher fare. Council could set policy to accommodate non-ADA passengers/service but the cost of this service would have to be added to the current DAR operating budget and future budgets. One caution that must be noted is that if service beyond ADA is restored,we are ineligible to appeal to the Federal Transit Administration for a financial capacity waiver. Such a waiver, if approved, allows us to limit the number of ADA trips provided based on our ability to fund mandated service levels. If we exceed what is mandated by ADA, we are not eligible for a waiver and as such, must meet all ADA service demands. 2. DAR Client Recertification Process Staff incorporated an application method of determining eligibility. In order to ascertain the extent of the client's limitations, detailed questions are asked of each applicant. A similar form is mailed to a healthcare professional that is identified by the applicant as being familiar with the applicant's disability and its impacts on the client. Based on the information taken from both forms, trained staff then assesses each client's ability to use the fixed route bus service. If there were discrepancies, staff contacted applicants or the July 10, 2007 Page 4 healthcare professional to resolve any misunderstandings and to ensure that eligibility decisions were based on the true nature of the person's abilities. This process has met with criticism. Applicants have accused staff of intentionally creating an onerous application in an attempt to deter eligible applicants from qualifying for DAR; and that healthcare professionals were too busy to complete the form or did not clearly understand the persons' ability based on an office visit. This is not the only method to determine ADA paratransit eligibility,but it is the most common method used by transit agencies. Staff utilized this method because it seemed to be the least invasive for customers and corresponded to the limited financial resources available. Some entities including RTD in Denver use a third-party contractor to perform an in-person assessment. This is a method that is available to staff, but the cost is not included in the 2007 budget. Pros: • This method can utilize a shorter application form as the majority of the information required to make an eligibility determination is gathered during the in-person assessment. • No Healthcare professionals are required to complete an application. Cons: • Viewed by some as being invasive and excessive as it requires the applicant to come to a testing site at a given time and to meet with the assessor(s) . All applicants are interviewed and some are asked to maneuver through a series of cognitive and physical procedures. This process can be viewed as intimidating and stress inducing. • The cost is often restrictive,as the interviews are generally$50 each;plus if a cognitive and physical testing is required the cost is generally$125 per assessment. The transit system also normally pays for the cost to get the applicant to and from the testing site, which is$22 per one-way trip. These are costs on top of the expense incurred for the application method of determining eligibility. Staff reviewed the information for over 800 applicants from various age groups and with varying cognitive abilities; and determinations are nearly completed. Of the completed recertifications, over 95% percent were determined to be eligible for DAR for some or all of their trips; 86% for all trips and 8% for some of their trips. Some applicants were also determined to be eligible for DAR service for a temporary disability and only 4.5% were determined to be ineligible. This is consistent with the projections that staff made at the September 2006 work session,in which staff projected that the majority of the current DAR passengers would continue to be eligible for the service. Although there is a cost savings to the eligibility revision (approximately $100,000 annually),service hours($65,000)and the fare increase,the largest cost savings is realized from the service area modification ($600,000). July 10, 2007 Page 5 Staff researched and found a few examples of other entities that perform some type of in-person assessments and found that generally those systems tend to have higher denials and more clients are determined to be conditionally eligible than with our present process of DAR recertification. For example: Fort Collins Eligible for all trips 86% Eligible for some trips 8% Temporarily Eligible 1% Ineligible 5% King County,WA Eligible for all trips 74% Eligible for some trips 24% Temporarily Eligible 0% Ineligible 2% CAT-Las Vegas Eligible for all trips 50% Eligible for some trips 31% Temporarily Eligible 13% Ineligible 6% ACCESS-Pittsburg Eligible for all trips 49% Eligible for some trips 31% Temporarily Eligible 11% Ineligible 9% 3. Further Updates On May 10, staff was invited to speak to the Commission on Disabilities about the DAR recertification process, ADA regulations and requirements. The meeting was attended by approximately 25 people. Transfort/DAR General Manager Marlys Sittner gave an overview presentation of the Council Policy decision and explained how Transfort/DAR is meeting this directive. ADA expert Geoff Ames of the Rocky Mountain Disability & Business Technical Assistance Center explained the regulations and requirements of ADA. This center is supported by a grant from the U.S. Department of Education's National Institute on Disability and Rehabilitation Research (NIDRR). (Note: Mr. Ames has graciously agreed to attend the July 10 Council work session, in the event that Council has any questions regarding ADA paratransit eligibility.) To date, 103 people are eligible to appeal their decision of ineligible or conditionally eligible (36 ineligible and 67 conditionally eligible). To date, eight appeal requests have been received, which represents 22%. DAR staff is not involved in making the appeal decision The Appeal committee includes two passenger advocates and a DAR passenger, as well as an ADA expert. The appeals committee is comprised of Gary Thomas,SAINT;Natalie Brown,Larimer Center for Mental Health; and Kelly Walker-Haley, DAR client. The ADA expert is Torri Boggio, from Easter Seals. July 10, 2007 Page 6 The appeal process was developed in respo nse to input received from the Dial A Ride and Transit Accessibility Committee and is a long standing policy used to appeal eligibility determinations as well as service suspensions due to excessive no-shows,late cancellations,or other policy violations. The policy states that the Appeal Committee will make a recommendation to the Transfort/DAR General Manager who makes the final decision. In this particular case, it was especially important to separate all staff including the General Manager from the final decision. Since Council policy is based on ADA, it was determined that an ADA expert who is an Easter Seals Colorado employee would make the final decision. Easter Seals'mission is to provide exceptional services to ensure that people living with autism and otherdisabilities have equal opportunities to live, learn, work and play. Easter Seals was a strong advocate for the passage of the Americans with Disabilities Act, which prohibits discrimination against anyone who has a mental or physical disability, guaranteeing the civil rights of people with disabilities. NEW FIXED ROUTE SERVICE The new fixed routes(Route 16,Route 17,Route 18)are performing better than expected with a 6.6 passengers per hour average. The Prospect Route(Route 18) is performing particularly well,with over 9 passengers per hour. Since it takes 24 months to determine if a route will become successful and meet the performance goal of20 passengers per hour and considering that the routes are less than 6 months in operation, staff is pleased with the performance and projects that all three routes will meet the performance goal within the 24 months. DAR TASK FORCE UPDATE Council directed staff to form a Task Force to identify additional options and resources that could fill the gaps created by the service changes. The Task Force is comprised of representatives from the City of Fort Collins, Larimer County, North Front Range MPO, faith-based organizations, community service organizations and representatives of the disabled and elderly populations. Moderated by City staff,the Task Force has met eight times to date. The group has identified its top three short-term goals, which include identifying and prioritizing the service needed beyond the ADA minimum level provided by the City;identifying alternative funding and resources in order to provide these services;and to better understand the role each entity can play(public,private and non- profit). To date, a solution has not been identified, but the group has formed sub-committees to further explore needs, resources, and policies. The Task Force's focus is on more regional issues and is currently seeking grants for county-wide paratransit service needs. Currently,the Task Force is waiting to see if the proposed Regional Transportation Authority makes it onto the November 2007 ballot before deciding upon next steps. Monthly meetings were postponed until September. ATTACHMENTS 1. Powerpoint presentation. r 1n1 A f114 City of fort Collins R,�Oblt DiMARide Update on Transfort/ DAR & Task Force � a Council Questions • Does Council wish to maintain the current policy of ADA paratransit eligibility ? • Does Council wish to comment on the method used to make eligibility determinations ? � a City Council Policy Modify service to ADA- mandated levels with the following exceptions : • Grandfather in the eligible ( 52 ) of the 84 people who live outside of the new service area • Night service continuation through December 31 , 2007 or until spent $ 60 , 000 a Service Changes Previous DAR Current Service 1 . 60+ or Disabled 1 . Disability that prevents fixed route travel 2 . Income - based Fares 2 . $2 . 50 fare 3 . Service until 12 : 30 AM 3 . Service until 11 : 00 PM weekdays/ 2 : 30 AM Fri -Sat 4, GMA 4 . 3/4 mile from Bus Route 2006 DAR Service Area a Dial - A - Ride Service Area .. i s wry Zj 99911 /� .F�GY/ OOtl09 19 Unwr Catania Tema. $OR%*Alai /.� av,aynr sw.. <n.ur.m " ' uM Grown Doundamy ADA Paratransit Eligible Disability that prevents fixed route travel 1 . Board , utilize , disembark vehicle 2 . Accessible service not available 3 . Getting to/from bus stop at origin or destination Recertification • January 2007 • Process used — Application • Approximately 1 , 000 active clients • Accounted for over 1 , 400 clients • Over 800 applications with most determinations completed . Recertification Statistics • 95 % are eligible ( 767 ) . 86 % Eligible at All Times ( 693 ) . 8 % Eligible under certain conditions ( 67 ) . < 1 % Temporarily Eligible ( 7 ) • 5 % are ineligible ( 36 ) . 40 % No Disability . 47 % Use Fixed Route without any issues . 13 % Have no limitations and could use fixed route per their Healthcare Professional Eli A Appeal Process a • Written Notice to Applicant • Appeal Committee comprised of passengers , advocates — Not Staff • Easter Seals Colorado as Resource during committee deliberation and as final decision �I a Xmr wn U) v , f Super Ali ® -Mart 14 - © Veterans O Administration Tnn Les a Junio Wnttir ra High hool © Poudre Valley Hospital u A 18 Larimer County }+ EPIC Facilities O 5 Rigden Farm Senior Living Fort Collins U) A High School 17 Harmony Road Community Hewlett 16 - * ®Packard PVH Ha ©y Fossil Ridge Campus i High School Task Force • Short-term goals Identify needed services beyond the ADA minimum Identify resources needed to provide those services Understand potential roles for public, private , and non-profit • Attendees include : — City of Fort Collins — Larimer County — North Front Range MPO — Faith- based organizations — Non- Profits — Representatives of the disabled and elderly community Task Force Update • Short Term Goals Updated 2D06 DAR Benrte Ana — Ambulatory and daytime users — Remaining users who received conditional eligibility — Night Service • Next Steps — Seek grants — Continue to seek alternative service models — Continue to gather data on need Council Questions Does Council wish to maintain the current policy of ADA paratransit eligibility ? Does Council wish to comment on the method used to make eligibility determinations ? • n City of Fort Col mm s Ll��-.4-Ride DiatmAm Ride